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Competition Law: Dominant Position and Its Abuse: Abuse of Dominant Position in US and EU
SSRN Electronic Journal, 2014The concept of abuse of dominant position in US and EU has some basic differences and it is interesting to note that the competition law in India has seen a shift from more reliance on EU than US in dealing with abuse of dominance cases. This is quite evident from the fact that the concept of ‘monopolistic trade practices’ under the MRTP Act was more ...
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Competition Law: Dominant Position and Its Abuse: Identification of Abusive Use of Dominant Position
SSRN Electronic Journal, 2014Under the present system of competition laws in India, the dominance per se is not bad, what is bad is the abuse of this dominant position. This module would enable the learners to, enumerate the conduct which would be termed as abuse under Competition Act, 2002. Explain the concept of ‘unfair and discriminatory’ condition in purchase and sale of goods
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2020
Article 17 of the AML gives the definition of market dominance, that is when the business operator has the ability to prevent or restrict other business operators from entering the relevant market. The method to define relevant market is stated by the Guide of the Anti-monopoly Committee of the State Council for the Definition of the Relevant Market ...
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Article 17 of the AML gives the definition of market dominance, that is when the business operator has the ability to prevent or restrict other business operators from entering the relevant market. The method to define relevant market is stated by the Guide of the Anti-monopoly Committee of the State Council for the Definition of the Relevant Market ...
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Competition Law Dominant Position and Its Abuse: Meaning of Dominant Position
SSRN Electronic Journal, 2014Competition in markets means rivalry between competitors to attract customers which results in enhanced consumer welfare by way of more choices, newer products and low prices. If there is no competition in markets, one or more firms seek to gain monopoly or oligopoly which allows them to disregard the competitive pressure exerted by the competitors ...
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Abuses of dominant and non-dominant position: a tale of (ir)reconcilable views?
2018In this paper I both review expert contributions from different jurisdictions pertaining to norms on abuse of dominance and norms on abuse of non-dominance, and assess to what extent these two families of dispositions are theoretically and practically reconcilable.
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Restricting pharma supplies and abuse of dominant position
Journal of Intellectual Property Law & Practice, 2008The refusal by a dominant undertaking to supply pharmaceutical products in order to restrict parallel trade is likely to constitute the abuse of a dominant position under Article 82 of the EC Treaty, according to Advocate General Colomer in Syfait II. Although such a refusal is capable of objective justification, the Advocate General suggests that this
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A costly method in proving abuse of a dominant position
ACCOUNTING AND CONTROLThe article is devoted to the consideration of the costly method, which is one of the key tools of antimonopoly regulation used in the analysis of cases of abuse of a dominant position by business entities. This method allows you to estimate the costs of an enterprise incurred in the production of goods or services, and compare them with the market ...
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